State Constitutional Right to Privacy and Reproductive Autonomy

This opinion from the Kansas Attorney General examines the scope of the state constitutional right to privacy as interpreted by the Kansas Supreme Court in Hodes & Nauser v. Schmidt (2019), which held that the Kansas Constitution protects the right to abortion independently of the federal Constitution.

The opinion discusses the failed 2022 constitutional amendment that would have removed this protection and analyzes the implications for state legislation regulating abortion. It examines the standard of review applied to abortion restrictions under the state constitution and the scope of permissible regulation.

The opinion provides guidance on the enforceability of existing state abortion regulations, the extent to which the state may regulate without infringing the constitutional right, and the legal status of provisions that may conflict with the Kansas Supreme Court's interpretation.